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EA-7.1 (12.8.21) Section 2. Compliance Required. Applicant acknowledges that City may require Applicant to make additional payments, supply data and information to determine whether Applicant's Project may have a significant effect on the environment, and to assist City and the consultant in preparing the environment documents. Applicant shall promptly comply with all such requests by City. Section 3. Failure to Comply. If, at any time, Applicant unreasonably delays in advancing monies as requested by City, paying any invoice from City when due, or failing to provide City with information or data requested pursuant to Section 2 hereof, such unreasonable delay shall suspend the running of the time periods described in State CEQA Guidelines sections 15107 and 15108 for the period of such unreasonable delay. Alternatively, Applicant acknowledges and agrees that City may, without liability to Applicant, disapprove the Project for Applicant's delay in satisfying City's requirements. Section 4. Notices. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY Brian Desatnik, Director Development Service Department 35 Cajon Street, Ste. 20 P.O. Box 3005 (mailing) Redlands, CA 92373 bdesatnik@cityofredlands.org (909) 798-7555 APPLICANT Bryan McKernan, President McKernan, Inc. 605 E. Stuart Ave. Redlands, CA 92374 bryan@mckernaninc.com (909) 307-5651 Section 5. Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to costs and any other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. Section 6. Entire Agreement/Amendment. This Agreement represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, proposals or verbal agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Applicant. Section 7. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 2 L:\ca\Agreements\130 Sierra Vista Project_ Developer Funding Agreement.EA-7.1-FY22.0055.docx-jm